Policies and Procedures

Students should consult other regular University publications for announcements and procedures regarding University policies. These publications include, but are not limited to, the Undergraduate Catalog, the Student Handbook, and the University website. The complete Student Disciplinary Code is published in the Student Handbook

Family Educatitonal Rights and Privacy Act (FERPA)

Students may authorize release of their academic, financial aid, student account and/or disciplinary records to a third party (i.e.., parents, grandparents, etc.) by completing the FERPA form on-line. You may adjust access to the respective records at any time by simply logging into WPConnect Self Service Online Services under “Enrollment Services”. These permissions will remain active until your anticipated date of graduation.

Student Disciplinary Code Students’ Rights and Responsibilities

To obtain the most up to date Student Conduct/Disciplinary policies and procedures please visit:

Extracurricular Activities: Participation and Policy

Extracurricular activities are here defined as participation in any clubs, programs or organizations that are recognized by the University or any of its agencies for which academic credit is not received.

All extracurricular activities shall be open to all full-time and part-time students who have paid the appropriate student activity fees, except where the organizations are members of national bodies that have more stringent requirements.

Students in leadership positions are required:

to maintain a minimum GPA of 2.3 throughout their term in office. Students without GPAs (first semester first-year students and transfer students) will be permitted to participate, but continuance will depend upon meeting said GPA requirements after their first term here at William Paterson University.

to carry a minimum of 9 credits (undergraduate) or 6 (graduate) each semester for spring and fall.

Members of clubs and organizations are required to maintain a minimum cumulative GPA of 2.0 or greater. Those students whose cumulative average falls below 2.0 will be placed on extracurricular probation

Students whose cumulative GPA falls below the minimum requirement of a 2.0 are strongly encouraged to seek out campus resources like the Academic Support Center or their departmental offices to develop those skills needed to raise their academic grade point average to once again actively participate in campus activities.

Students whose “term” GPA falls below 2.0 or two terms consecutively are also placed on extracurricular probation.

Students on extracurricular probation must not participate in extracurricular activities including, but not limited to holding leadership positions, volunteering or engaging in the development and implementation of campus activities, etc.

Students participating in extracurricular activities that have apecific required meetings must ensure that their academic schedule does not conflict. If a conflict exists, academic requirements must take priority and the students will become ineligible to continue in that extracurricular activity or leadership role.

The Office of Campus Activities and Student Leadership will periodically monitor student progress and take any needed action to address those students on extracurricular probation.

Notes

Students who do not maintain this standard will become ineligible to continue in a leadership position(s).

The State of New Jersey has enacted legislation that requires students enrolled at William Paterson University to provide proof of immunization against measles, mumps, and rubella and Hepatitis B. In addition, the State of New Jersey has enacted legislation (A1546) requiring new resident students at a four-year institution of higher education to provide proof of immunization of the Meningococcal vaccine. The following documents will be accepted as evidence of immunization history provided the specific immunization and the exact date of each immunization administered are recorded.

An official school immunization record from any primary or secondary school in New Jersey indicating compliance with the immunization requirements of N.J.A.C. 9:2-14.3.

A record from any public health department indicating compliance with the immunization requirements of N.J.A.C. 9:2-14.3.

A record signed by a physician licensed to practice medicine or osteopathy in any jurisdiction of the United States or foreign country or other licensed health professional approved by the New Jersey State Department of Health indicating compliance with the immunization requirements of N.J.A.C. 9:2-14.3.

Exemptions

Any student born before January 1,1957 will be exempt from documenting the measles, mumps and rubella vaccine only.

If immunization conflicts with religious beliefs, it is necessary for the student to file a statement specifically stating the religious doctrine that prohibits the vaccination.

If a student has a medical contraindication to the vaccine, he or she must provide a written statement from a licensed medical provider. The statement must include the reason and specific period of time the vaccine is contraindication.

All students are required to submit the University Health Form, which includes a completed health record and current immunization information. Immunizations for tetanus, meningitis, and a test for tuberculosis are highly recommended for all University students.

Please submit all documentation to the Counseling, Health and Wellness Center, Overlook South. Failure to file proper documentation will prevent continued enrollment at the University. Contact the Counseling, Health and Wellness Center with any questions regarding the immunization requirements.

Affirmative Action Policy

William Paterson University does not discriminate on the basis of race, color, age, sex, religion, creed, national origin, sexual orientation, or disability. University policies and practices are consistent with federal and state laws pertaining to equal opportunity in admission and education policies, scholarship, loan, athletic, and other school-administered programs.

Specifically, William Paterson University complies with Title IX of the Education Amendments of 1972, Section 504 of the Vocational Rehabilitation Act of 1973, Title VI of the Civil Rights Act of 1964, and all of their respective implementing regulations.

Sexual Harassment Policy

William Paterson University is committed to developing and sustaining a community where all can learn and work together free from harassment and exploitation. This policy is intended to address all members of the University community including students, faculty, librarians, professional staff, clerical staff, maintenance, campus police and security, managers, administrators, and the Board of Trustees, as well as any vendors doing business with the University.

Sexual harassment encompasses any sexual attention that is unwanted. Sexual harassment can be verbal, visual, or physical. It can range from repeated unwelcome sexual flirtation and inappropriate gender-based put-downs of individuals or groups of people to physical abuses, such as sexual assault or rape. Whether particular verbal, nonverbal, or physical conduct constitutes harassment in violation of this policy depends upon all of the circumstances involved, the context in which the conduct occurred, and the frequency, severity, and pattern of the conduct.

The University recognizes that even the possibility of harassment is destructive to individuals, to groups, and to the community. While sexual harassment most often takes place in situations where there is a power differential between the persons involved, the University recognizes that sexual harassment may occur between persons of the same status. Sexual harassment may also occur between persons of the same sex.

Sexual harassment contaminates teacher/student and supervisor/subordinate relationships as well as those among student peers and faculty or staff colleagues. When, through fear of reprisal, a student, staff member, or faculty member submits or is pressured to submit to unwanted sexual attention, the entire community is undermined.

The University will not tolerate among members of the community, behavior that creates an unacceptable working or educational environment, and it will initiate appropriate sanctions against the offender.

Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations. Complaints about sexual harassment should be directed to the Title IX coordinator at William Paterson University , Michelle N. Johnson, Office of Employment Equity and Diversity. She can be reached by phone at 973-720-2389 or johnsonm73@wpunj.edu.

DOMESTIC/DATING VIOLENCE, STALKING & SEXUAL VIOLENCE POLICY

1. STATEMENT OF PURPOSE

William Paterson University is dedicated to providing a campus environment free from violence for all members of the campus community. For this reason, William Paterson University does not tolerate any form of violence including domestic/dating violence, stalking and/or sexual violence. William Paterson University will pursue the perpetrators of such acts to the fullest extent possible and is committed to supporting victims of domestic/dating violence, stalking and/or sexual violence by providing access to appropriate safety and support services.

Domestic/dating violence, stalking and/or sexual violence incidents are occurring at an alarming rate on the nation’s college campuses. Such incidents happen to people of all genders, races, ethnicities, religions, ages, abilities, sexual orientations, gender expressions, sexual identities etc. These incidents affect people of all socioeconomic backgrounds and education levels. These incidents can occur between strangers, acquaintances, friends, roommates, family members and intimate partners[1].

Domestic/dating violence, stalking, and sexual violence are crimes in the State of New Jersey and are subject to criminal prosecution. In addition, William Paterson University has stringent policies related to these issues as described in the next few sections.

2. APPLICABILITY OF POLICY

This policy applies to conduct that takes place on the property of William Paterson University or at any function sponsored by William Paterson University. This also includes students living together off-campus. Anyone violating this policy will be subjected to disciplinary action up to and including expulsion from William Paterson University, termination of employment and/or criminal prosecution.

3. GENERAL DEFINITIONS & BEHAVIORS

Domestic/Dating Violence

Domestic/dating violence can be defined as a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. It can be committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. It can also be committed by one roommate[2] over another. Domestic/dating violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, wound someone, or destroy someone’s property.

Physical Abuse: Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling, etc are types of physical abuse. This type of abuse also includes denying a partner/roommate medical care or forcing alcohol and/or drug use upon him or her.

Sexual Abuse: Coercing or attempting to coerce any sexual contact or behavior without consent. Sexual abuse includes, but is certainly not limited to, marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner (more about this in the Sexual Violence section).

Emotional Abuse: Undermining an individual's sense of self-worth and/or self-esteem is abusive. This may include, but is not limited to constant criticism, diminishing one's abilities, name-calling, or damaging one's relationship with his or her children.

Economic Abuse: Is defined as making or attempting to make an individual financially dependent by maintaining total control over financial resources, withholding one's access to money, or forbidding one's attendance at school or employment.

Psychological Abuse: Elements of psychological abuse include - but are not limited to - causing fear by intimidation; threatening physical harm to self, partner, children, or partner's family or friends; destruction of pets and property; and forcing isolation from family, friends, or school and/or work.

Under the New Jersey Prevention of Domestic Violence Act of 1991, N.J.S.A. 2C:25-17 et seq., domestic violence means the occurrence of one or more of the following criminal offenses upon a victim: Homicide, Assault, Terroristic threats, Kidnapping, Criminal restraint, False imprisonment, Sexual assault, Criminal sexual contact, Lewdness, Criminal mischief, Burglary, Criminal trespass, Harassment, Stalking. A victim of domestic violence is a person protected by the Act and includes any person:

who is 18 years of age or older; OR,

if under 18, is an emancipated minor, and who has been subjected to domestic violence by a spouse, former spouse or any other person who is a present or former household member; OR

regardless of age, has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant; OR

regardless of age, has been subjected to domestic violence by a person with whom the victim has had a dating relationship.

The domestic violence offender must be over the age of 18 or emancipated at the time of the offense to be considered an offender under this Act.

Stalking

Stalking is a course of conduct directed at a specific person that would cause a reasonable person to fear for her/his safety or the safety of another person or to suffer other emotional distress. Course of conduct is defined as

repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening or communicating to or about, a person; OR

interfering with a person’s property; repeatedly committing harassment against a person; OR

repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.

Stalking includes any behaviors or activities occurring on at least two occasions that collectively instill fear in a victim, and/or threaten her/ his safety, physical health or cause other severe mental suffering or distress. Such behaviors and activities may include, but are not limited to, the following:

Non-consensual communication, including face-to-face communication, telephone calls, voice messages, e-mails, text messages, written letters, gifts, or any other communications that are undesired and place another person in fear;

Use of online, electronic, or digital technologies, including: Posting of pictures or information in chat rooms or on Web sites; Sending unwanted/unsolicited email or talk requests; Posting private or public messages on Internet sites, social networking sites, and/or school bulletin boards; Installing spyware on a victim’s computer; Using Global Positioning Systems (GPS) to monitor a victim;

Pursuing, following, waiting, or showing up uninvited at or near a residence, workplace, classroom, or other places frequented by the victim;

Surveillance or other types of observation including staring, “peeping”;

Trespassing;

Vandalism;

Non-consensual touching;

Direct verbal or physical threats;

Gathering information about an individual from friends, family, and/or co-workers;

Threats to harm self or others;

If a person is repeatedly attempting to communicate with you by any means, in a threatening or harassing manner, you are encouraged to report it to University Police.

Sexual Violence

Sexual violence takes many forms including attacks such as sexual assault or attempted sexual assault, as well as any unwanted sexual contact or threats. There are three categories of sexual violence: Sexual Assault, Sexual Contact or Lewdness.

Sexual assault occurs when one person penetrates the other by any means, whether vaginally, anally or orally without the consent[3] of the other person.

Sexual contact occurs when one person touches the intimate parts of another person's body, even through clothes, without that person's consent. That impermissible touching can be either for the perpetrator to obtain sexual gratification or to degrade or humiliate the other person or to obtain power and control over the other person.

Lewdness involves the perpetrator exposing his/her intimate parts without a person’s consent to obtain sexual gratification or to degrade or humiliate the other person or to obtain power and control over the other person.

Sexual violence in any form is a devastating crime. Offenders commit sexual violence via force, threats, coercion, manipulation, pressure or tricks. A person is considered to be a sexual offender if he/she forces, threatens, coerces, manipulates, pressurizes or tricks anyone into committing any of the above listed acts on a third person. Whatever the circumstances, no one should be subjected to sexual violence.

4. REPORTING DOMESTIC/DATING VIOLENCE, STALKING & SEXUAL VIOLENCE

William Paterson University encourages reporting of all incidents of domestic/dating violence, stalking and/or sexual violence to the University Police (973-720-2300) or the Office of Judicial Affairs (973-720-2218). Whether a student chooses to report or not, they can seek help and discuss their options with the Campus Victim Services Coordinator (973-720-2578).

A student who is under the influence of alcohol or drugs at the time of a domestic/dating violence, stalking and/or sexual violence incident should not be reluctant to seek assistance for that reason. Use of alcohol or drugs never makes a victim at fault for domestic/dating violence, stalking and/or sexual violence. The Office of the Vice President for Student Development will not pursue disciplinary violations against a student (or against a witness) for his or her improper use of alcohol or drugs (e.g., underage drinking) if the student is making a good faith report of domestic/dating violence, stalking and/or sexual violence.

The decision to report incidents of domestic/dating violence, stalking and/or sexual violence to the police or campus authorities is entirely the victim’s choice. Advocates are available, regardless of whether a person wishes to make a formal report, to inform victims of the reporting procedures and offer appropriate referrals, and to provide accompaniment to hospitals, law enforcement or social service providers. Students who are unsure of their rights or whether they want to make a formal complaint or report can contact the Passaic County Women’s Center or the William Paterson University Counseling, Health and Wellness Center for information on available options. William Paterson University offers services to victims even if they choose not to report the incidents. However, without a report, the institution may be limited in its ability take action against the offender.

A student who chooses to file a report can discuss with the University Police or the Office of the Vice President for Student Development whether legal proceedings will be instituted in the local courts. If the victim is exhibiting signs of injury/complains of pain and/or a weapon was involved during the incident and/or if there was a violation of a restraining order and/or there is an active warrant, a mandatory arrest of the offender is warranted.

Once an incident has been brought to the attention of a campus authority, a report must be made in accordance with the University’s obligations under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”) and/or Title IX of the Education Amendments of 1972 (“Title IX”). William Paterson University staff will also need to report an incident to University Police if it warrants the undertaking of additional safety and security measures for the protection of the victim and the campus community or other situations in which there is a clear and imminent danger, and when a weapon may be involved.

If you are a victim of domestic/dating violence, stalking and/or sexual violence:

Get to a safe place as soon as possible.

Get medical attention, if needed, as soon as possible: (a) The University’s Counseling, Health & Wellness Center provides information and referral for students who need medical attention (973-720-2360) (b) The Passaic County Women’s Center has a 24-hour hotline (973-881-1450) and is available to provide information about counseling, advocacy, accompaniment to hospitals, law enforcement, and or social services at the victim’s request.

Contact University Police by calling 973-720-2300 or 911. The University Police are available at all times and will protect victims’ safety and seek to apprehend offenders; they also provide transportation to victims who have been assaulted.

Contact Residence Life Staff (973-720-2714), and/or (c) The Office of the Vice President for Student Development (973-720-2179).

A student may also contact a counselor directly by calling the University’s Counseling, Health & Wellness Center at 973-720-2257. There is a counselor on call 24 hours a day in the event of an emergency.

In order to preserve evidence, do not bathe, shower, douche, change your clothes, eat, drink, smoke, or urinate if possible. If you do change your clothes, put all of the clothes you were wearing throughout the duration of the incident in a paper bag. Plastic bags may alter evidence rendering it unusable.

Get immediate medical attention for possible injuries, sexually transmitted diseases, or pregnancy. A medical exam is also necessary to gather physical evidence.

William Paterson University will make every reasonable effort to safeguard the identities of students who seek help and/or report domestic/dating violence, stalking and/or sexual violence. This includes record-keeping that excludes personally-identifiable information about victims. While steps are taken to protect the privacy of victims, the University may need to investigate an incident and take action once an allegation is known, whether or not the student chooses to pursue a complaint.

When seeking private advice and support from the various offices listed herein or from any University employee, victims should be aware that the Counseling Center is the one place on campus that victims can go where they are assured complete confidentiality.

Anyone who is aware of an act or acts of violence can anonymously report the incident/s by completing the anonymous reporting form found of the University Police website at https://secure.wpunj.edu/police/police.cfm

If you are a victim of sexual violence, in addition to above:

5. PRIVACY & CONFIDENTIALITY

William Paterson University is committed to supporting victims of domestic/dating violence, stalking and/or sexual violence by providing the necessary safety and support services. Student victims are entitled to reasonable accommodations and services regardless of their gender, race, ethnicity, religion, age, ability, sexual orientation, gender expression, sexual identity etc. William Paterson University provides a variety of services on campus and has partnerships with various community based organizations that provide services for victims. A one-stop on-campus location for information and assistance is the Campus Victim Services Coordinator (973-720-2578). The Campus Victims Services Coordinator is housed within the WPU Women’s Center. The Women’s Center provides a supportive and safe environment, offers information, explains options, and makes contact with other on and off campus services (973-720-2946).

Other available services include:

24-Hour Hotlines: Passaic County Women’s Center has a 24-hour hotline (973-881-1450) which provides information about medical assistance and a full range of crisis services to victims. NJ Statewide Domestic Violence Hotline (800-572-7233); New Jersey Coalition Against Sexual Assault Hotline (800-601-7200).

University Police: The university police are available at all times at 973-720-2300 and will protect victims’ safety and seek to apprehend offenders. They also provide transportation to victims who have been assaulted. Victims can request to speak with a Domestic Violence Response Team (DVRT) advocate at the university police department. The university police are located on campus and are in the first building on the left when using Entry One (on Pompton Road near the Catholic Ministry Building).

Domestic Violence Response Team (DVRT) Program: This program is State mandated to assist law enforcement in handling cases of domestic violence so that each victim can receive the specialized information and support that they deserve. When a victim of domestic violence seeks the assistance of the University Police (or their local police departments), he/she is offered the services of a DVRT volunteer advocate. In a confidential setting, DVRT volunteer advocates will provide victims of domestic violence with immediate support at the moment of crisis and provide all available information regarding the law, safety options, and available resources. More information about DVRT’s can be found at http://www.njcbw.org/dvTeam.html.

Sexual Assault Response Team (SART) and Sexual Assault Nurse Examiner (SANE) Programs: The SART/SANE programs are NJ State mandated and utilize a victim-centered approach to sexual assault cases. The SART/SANE program is available to victims of sexual violence. When a sexual assault victim reports, a SART Team, consisting of a police officer, a victim advocate and a SANE nurse (who is a registered nurse with specialized training) respond to assist the victim. The victim is interviewed by the police officer, afforded counseling, advice and social services by the victim advocate, and forensic evidence is obtained by the SANE nurse in an effective and sensitive manner. These teams are on-call 24-hours a day. More information about SART/SANE can be found at http://www.njcasa.org/content/sexual-assault-response-teams-sart

Note: All other hospitals are also equipped to treat sexual violence victims in their emergency rooms but access to the specialized SART team is only available at the hospitals listed above. An advocate from a local sexual violence crisis center is afforded to all victims of sexual violence at any hospital throughout the state regardless of their affiliation with SANE/SART program

Comprehensive Services: The Passaic County Women’s Center (PCWC), located at 1027 Madison Avenue in Paterson, New Jersey is the lead State designated domestic violence and sexual violence service provider in Passaic County. PCWC has a close relationship with WPU and offers hotline phone response, sheltering for victims of domestic violence and/or sexual violence, individual counseling, group counseling, court preparation, accompaniment to hospitals, court, law enforcement agencies, or social service providers. All services provided by the Passaic County Women’s Center are free and confidential. Exceptions to that confidentiality are if a person discloses threats to harm self or others, or if there is child abuse involved. The Passaic County Women’s Center provides services in English, Spanish and Arabic and can make provisions for more than 140 languages via use of the Language Line.

Medical/Psychological Support: The WPU Counseling, Health & Wellness Center provides information and referral for students who need medical attention at 973-720-2360. A student may also contact a counselor by calling 973-720-2257. There is a counselor on call 24 hours a day in the event of an emergency. Counselors will maintain confidentiality, help explain possible options, and provide information and emotional support.

Restraining Order: In domestic violence situations, a victim may wish to obtain a restraining order against the alleged perpetrator. In emergent situations and when the Superior Court is closed, a temporary restraining order (TRO) can be obtained through the William Paterson University Police Department (973-720-2300), or your local police department. During court hours, a restraining order can be obtained through Passaic County Family Court, 401 Grand St., Paterson (973-247-8488).

SAFE WALK: William Paterson University provides an escort service to any person who does not want to walk alone at night. To request this service please call 973-720-7400. Victims in danger may seek Police Escort 973-720-2301.

Academic Schedule: Request for change in an academic schedule due to conflicts with a member of the class can be requested from Office of Vice President for Student Development (973-720-2179).

On Campus Housing: Request for alternative housing options can be requested from Office of Residence Life (973-720-2714).

Interim Suspension: The imposition of an interim suspension on the offender can be requested by contacting the Office of Judicial Affairs (973-720-2218).

Passaic County Prosecutor’s Office of Victim Witness Advocacy provides information, advocacy, emotional support, and referrals to victims and witnesses coping with the trauma and burdens experienced in the aftermath of crime. The office (973-881-4887) strives to minimize the inconvenience to victims and witnesses during the course of criminal prosecution. These goals are achieved through the compassionate delivery of a wide range of direct services.

Title IX Coordinator: Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations. Title IX mandates the University to designate a Title IX coordinator who oversees all Title IX complaints and meets with students as needed. The Title IX coordinator at William Paterson University is Michelle N. Johnson, Office of Employment Equity and Diversity. She can be reached by phone at 973-720-2389 or johnsonm73@wpunj.edu.

7. NEW JERSEY CAMPUS SEXUAL ASSAULT/VICTIM’S BILL OF RIGHTS

The State of New Jersey recognizes that the impact of violence on its victims and the surrounding community can be severe and long lasting. Thus, it has established the Campus Sexual Assault/Victim’s Bill of Rights to insure that the needs of victims are met and that the colleges and universities in New Jersey create and maintain communities that support human dignity. William Paterson University will provide to the victims of domestic/dating violence, stalking and sexual violence the rights afforded under this Bill of Rights.

Campus Sexual Assault/Victim’s Bill of Rights (NJSA 18A:61E-2)

The following rights shall be accorded to victims of sexual assault that occur:

on the campus of any public or independent institution of higher education in the State of New Jersey, and

where the victim or alleged perpetrator is a student at that institution, and/or

when the victim is a student involved in an off-campus sexual assault.

To be free from any suggestion that victims must report the crimes to be assured of any other right guaranteed under this policy

To have any allegations of sexual assault treated seriously; the right to be treated with dignity

To be free from any suggestion that victims are responsible for the commission of crimes against them

To be free from any pressure from campus personnel to:

report crimes if the victim does not wish to do so

report crimes as lesser offenses than the victim perceives the crime to be

refrain from reporting crimes

refrain from reporting crimes to avoid unwanted personal publicity.

To be notified of existing campus and community-based medical, counseling, mental health, and student services for victims of sexual assault whether or not the crime is formally reported to campus or civil authorities

To have access to campus counseling under the same terms and conditions as apply to other students in their institution seeking such counseling

any rights that may be provided by law to compel and disclose the results of testing of sexual assault suspects for communicable diseases.

To be afforded the same access to legal assistance as the accused

To be afforded the same opportunity to have others present during any campus disciplinary proceeding that is allowed the accused

To be concurrently notified of the outcome of the sexual assault disciplinary proceeding against the accused

To be afforded the right to appeal both the outcome/finding and any sanctions that are applied to the responsible party/accused

To have any allegation of sexual assault investigated and adjudicated by the appropriate criminal and civil authorities of the jurisdiction in which the sexual assault is reported

To receive full and prompt cooperation and assistance of campus personnel in notifying the proper authorities

To receive full, prompt, and victim-sensitive cooperation of campus personnel with regard to obtaining, securing, and maintaining evidence, including a medical examination when it is necessary to preserve evidence of the assault.

To require campus personnel to take reasonable and necessary actions to prevent further unwanted contact of victims by their alleged assailants

To be notified of the options for, and provided assistance in, changing academic, transportation, working and living situations if such changes are requested and reasonably available.

Each campus must guarantee that this Bill of Rights is implemented. It is the obligation of the individual campus governing board to examine resources dedicated to services required and to make appropriate requests to increase or reallocate resources where necessary to ensure implementation

Each campus shall make every reasonable effort to ensure that every student at that institutionreceives a copy of this document

Nothing in this act or in any “Campus Assault Victim’s Bill of Rights” developed in accordance with the provisions of this act, shall be construed to preclude or in any way restrict any public or independent institution of higher education in the State from reporting any suspected crime or offense to the appropriate law enforcement authorities.

Not having past and irrelevant conduct discussed during any resulting proceedings

Submitting a written account of the incident

Having one’s identity protected in compliance with Title IX & FERPA

Human Dignity Rights

Rights to Resources On and Off Campus

Campus Judicial Rights

Legal Rights

Campus Intervention Rights

Statutory Mandates

In addition to the aforementioned rights, a person who reports domestic/dating violence, stalking and/or sexual violence has the right to the following at William Paterson University:

Having an opportunity to present an impact statement

during the judicial board hearing process

Requesting immediate on-campus housing relocation, transfer of classes, change in transportation or working situations or other steps to prevent unnecessary or unwanted contact or proximity to an alleged assailant. When possible, requests will be accommodated.

8. RESOURCES & SUPPORT FOR AN ACCUSED STUDENT

Will be treated with fairness and respect. The University will ensure that its investigations and disciplinary proceedings comply with due process requirements.

May discuss their situations privately with counselors at the WPU Counseling Center (973-720-2257) or with the staff at the Office of Vice President for Student Development (973-720-2179). (Please refer to Section 5. Privacy & Confidentiality)

May seek academic or housing accommodations, when such accommodations are related to problems related to the accusation.

May consider seeking the assistance of an advisor or an attorney to assist in preparation of the case and/or accompany him/her to any related meetings or institutional proceedings.

9. DISCIPLINARY PROCESS

Disciplinary sanctions for violations of this domestic/dating violence, stalking and/or sexual violence policy and/or of the student code of conduct will be imposed in accordance with applicable William Paterson University policies, including but not limited to, expulsion or termination of employment. The University’s determination shall be based on the preponderance of evidence in the case.

William Paterson University typically conducts a full investigation within sixty days of receiving a complaint. Additional time may be necessary depending of the complexity of the investigation and the severity and extent of domestic/dating violence, stalking and/or sexual violence. Both parties will be simultaneously provided with written notification of the outcome of the investigation/proceeding and, if applicable, either party may file an appeal within three days. Both parties will be given periodic status updates on the investigation.

The appropriate University disciplinary process is determined by the status of the person accused of engaging in domestic/dating violence, stalking and/or sexual violence.

If the accused is a student, the complaint is addressed with the procedures for student discipline as set forth in the University’s Student Code of Conduct. If the accused is a staff employee or a faculty member, the complaint is addressed in accordance with the Civil Service Act, N.J.S.A. 11A:1-1 et seq., and the regulations promulgated thereunder, N.J.A.C. 4A:2-1.1 et seq., N.J.S.A. 18A:6-18 and/or the relevant collective bargaining agreement.

[1] Intimate partners: In both opposite-sex and same-sex relationships where persons are married, living together, or dating.

[2] Roommate: Persons who share common living areas (i.e. living room, kitchen) and/or persons who share a dorm room.

[3]Consent in this policy means a clear YES to the specific act in question. Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity. Consent to one form of sexual activity cannot imply consent to other forms of sexual activity. Previous relationships or consent cannot imply consent to future sexual acts. Consent must be present throughout the sexual activity -- at any time, a participant can communicate that he or she no longer consents to continuing the activity. If there is confusion as to whether anyone has consented or continues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved. Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. In order to give effective consent, one must be of legal age. If you have sexual activity with someone you know to be- or should know to be-mentally or physically incapacitated by alcohol or other drug use, unconsciousness or blackout, you are in violation of this policy. Incapacitation is a state where one cannot make a rational, reasonable decision because they lack the ability to understand the who, what, when, where, why or how of their sexual interaction. This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so-called "date-rape" drug. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is a violation of this policy.

Consensual Relations

The University’s educational mission is promoted by professionalism in employee/student relationships. Consensual amorous relationships between supervisors and their subordinates, or faculty and students undermine the ethical integrity of the University community. Such relationships are problematic for the people involved and may have a negative impact on others in the work environment.

Other students and employees may be affected by such unprofessional behavior because it may place or may be perceived to place the staff/faculty member in a position to favor or advance one person’s interest at the expense of others, and implicitly makes obtaining benefits contingent on amorous or sexual favors.

Therefore:

No faculty member shall have an amorous relationship (consensual or otherwise) with a student who is enrolled in his or her course and/or whose academic work is being evaluated by the faculty member. No staff member shall have an amorous relationship with a student whom the staff member has the power to penalize or reward.

A staff/faculty member who fails to withdraw from participation in activities or decisions that may reward or penalize a student with whom the staff/faculty member has or has had an amorous relationship is deemed to have violated his or her ethical obligation to the student, other students, colleagues, and the University.

Supervisory staff/faculty who engage in consensual relationships with individuals they supervise or their students should be aware that they are violating University policy and are subject to formal disciplinary action, up to and including removal.

William Paterson University
300 Pompton RoadWayne, New Jersey 07470877-978-3923